Law School Discussion

Torts Question re: Reasonable Person

Torts Question re: Reasonable Person
« on: December 06, 2006, 09:47:19 PM »
I know that a person with a defect is held to a reasonable person with that same defect. I also know that mentally insane people are held to the "normal" reasonable person standard, but my question is: Is a mentally retarded person held :P to a reasonable person with the same mental state, or are they held up to the regular reasonable person standard? Thanks.

Re: Torts Question re: Reasonable Person
« Reply #1 on: December 06, 2006, 10:03:00 PM »
I would say they are held to a normal reasonable person standard--so long as they are an adult.   

Re: Torts Question re: Reasonable Person
« Reply #2 on: December 06, 2006, 11:31:03 PM »
ok123,

you answered your own question. mental retardation does not count. the test is reasonable normal person even for the retard.